David Addington
{{Short description|American lawyer (born 1957)}}
{{Use mdy dates|date=October 2019}}
{{Infobox officeholder
| name = David Addington
| image = Portrait of David S. Addington, Special Assistant to Secretary of Defense (cropped).jpg
| caption = Addington in 1990
| office = Chief of Staff to the Vice President of the United States
| vicepresident = Dick Cheney
| term_start = November 1, 2005
| term_end = January 20, 2009
| predecessor = Scooter Libby
| successor = Ron Klain
| office1 = General Counsel of the Department of Defense
| president1 = George H. W. Bush
| term_start1 = August 12, 1992
| term_end1 = January 20, 1993
| predecessor1 = Paul Beach (Acting)
| successor1 = John McNeil (Acting)
| birth_name = David Spears Addington
| birth_date = {{birth date and age|1957|1|22}}
| birth_place = Washington, D.C., U.S.
| death_date =
| death_place =
| party = Republican
| education = Georgetown University (BS)
Duke University (JD)
}}
David Spears Addington (born January 22, 1957) is an American lawyer who was legal counsel (2001–2005) and chief of staff (2005–2009) to Vice President Dick Cheney.{{cite web |url=https://prospect.org/article/vice-squad-d2/ |title=Vice Squad|last=Dreyfuss|first=Robert|publisher=The American Prospect|date=April 17, 2006 |access-date=June 29, 2008}} He was the vice president of domestic and economic policy studies at The Heritage Foundation from 2010{{cite web |url=https://nationalinterest.org/blog/jacob-heilbrunn/david-addingtons-return-power-3990 |title=David Addingtons Return to Power |last=Heilbrunn |first=Jacob |publisher=The National Interest |date=August 30, 2010|access-date=August 31, 2010}}{{cite web |url=https://www.theatlantic.com/daily-dish/archive/2010/08/making-a-mockery-of-advocating-limited-government/182977/ |title=Making a Mockery of Advocating Limited Government |last=Friedersdorf |first=Conor |publisher=The Atlantic|date=August 31, 2010|access-date=March 31, 2011}}{{cite web |url=https://www.lawfaremedia.org/article/addington-heritage |title=Addington to Heritage|last=Goldsmith|first=Jack|publisher=Lawfare|date=September 6, 2010 |access-date=March 31, 2011}}{{cite web|url=http://www.washingtonian.com/print/articles/6/174/19154.html |title=David S. Addington: A Second Act |last=Victor |first=Kirk |work=Washingtonian |date=May 2011 |access-date=August 9, 2011 }} to 2016.{{cite web |url=https://www.heritage.org/political-process/impact/heritage-welcomes-senate-aide-and-academic-james-wallner-new-head-research|archive-url=https://web.archive.org/web/20180228041802/https://www.heritage.org/political-process/impact/heritage-welcomes-senate-aide-and-academic-james-wallner-new-head-research|url-status=unfit|archive-date=February 28, 2018|title=Heritage Welcomes Senate Aide and Academic James Wallner as New Head of Research|publisher=The Heritage Foundation|date=July 1, 2016 |access-date=October 31, 2019 }}
During 21 years of U.S. government service, Addington worked at the Central Intelligence Agency, the Reagan White House, the Department of Defense, four congressional committees, and in the Office of the Vice President.{{cite web |url=https://georgewbush-whitehouse.archives.gov/news/releases/2005/10/20051031-2.html |title=Statement by the Vice President |date=October 31, 2005 |via=National Archives |work=whitehouse.gov |access-date=October 31, 2019 }} He was appointed to replace I. Lewis "Scooter" Libby Jr. as Cheney's chief of staff upon Libby's resignation when Libby was indicted on charges of perjury and obstruction of justice on October 28, 2005.{{cite news |first=Keith |last=Olbermann |author-link=Keith Olbermann |url=https://www.nbcnews.com/id/wbna9917435 |title=Cheney's new chief of staff controversial |work=NBC News |date=November 4, 2005 }} Addington was described by U.S. News & World Report as "the most powerful man you've never heard of" in May 2006.{{cite news |author=Chitra Ragavan |url=https://www.usnews.com/usnews/news/articles/060529/29addington.htm |title=Cheney's Guy |publisher=U.S. News & World Report |date=May 29, 2006 |url-status=dead |archive-url=https://web.archive.org/web/20060602004312/http://www.usnews.com/usnews/news/articles/060529/29addington.htm |archive-date=June 2, 2006 }}
Early life and education
Addington was born in Washington, D.C., the first son of Eleanore "Billie" (Flaherty) and the late Jerry Spears Addington, a retired brigadier general and West Point graduate.{{Cite book |url=https://books.google.com/books?id=23oCU_fpB4IC |title=Taps: A Supplement to Assembly Magazine |date=June 14, 2004 |publisher=Association of Graduates, United States Military Academy |via=Google Books}}
The Addington family moved often and there were periods during which Jerry was posted overseas while his family remained stateside. After David's birth in 1957 in Washington, D.C., his father was posted to Carlisle Barracks in Pennsylvania, Camp St. Barbara in South Korea, Colorado Springs, Colorado, Oakdale, Pennsylvania, and Dhahran, Saudi Arabia, where Addington lived during his father's 1967–1969 assignment as chief of the United States Military Training Mission. In this role, the elder Addington, who was promoted to brigadier general in 1965, was responsible for U.S. training and security assistance programs for the Armed Forces of Saudi Arabia. During the family's two-year stay in Saudi Arabia, David Addington (then 10 and 11 years old) was a student at American School Dhahran on the grounds of the U.S. Consulate.{{cite web |url=http://apps.westpointaog.org/Memorials/Article/11947/ |archive-url=https://web.archive.org/web/20171214071847/http://apps.westpointaog.org/Memorials/Article/11947/ |archive-date=December 14, 2017 |title=Jerry S. Addington 1940 }}File:Secretary of Defense Dick Cheney presents award to Mr. David Addington.jpg Dick Cheney in 1992]]
Addington graduated from Sandia High School in Albuquerque, New Mexico in May 1974.{{Cite web |title=Cheney Aide, Sandia Grad Gets Roughed Up by Washington Post - Albuquerque Journal |url=https://www.abqjournal.com/18393/cheney-aide-sandia-grad-gets-roughed-up-by-washington-post.html |access-date=2022-07-12 |website=www.abqjournal.com}} He was admitted to the United States Naval Academy and attended beginning in fall 1974, but dropped out during his freshman year. Addington took classes at the University of Albuquerque before enrolling at Georgetown University in 1975. He is a May 1978 graduate of the Edmund A. Walsh School of Foreign Service (B.S.F.S., summa cum laude) and holds a Juris Doctor from Duke University School of Law (May 1981).{{cite web |url=http://www.reagan.utexas.edu/archives/speeches/1988/041888f.htm |title=Statement by President Reagan |date=April 18, 1988 |archive-url=https://web.archive.org/web/20080205062318/http://www.reagan.utexas.edu/archives/speeches/1988/041888f.htm |archive-date=February 5, 2008 }} He was admitted to the bar in both Virginia and the District of Columbia in 1981.{{cite news |title=Nominations Before the Senate Armed Services Committee, Second Session, 102d Congress: Hearings Before the Committee on Armed Services, United States Senate |volume=102 |issue=983 |pages=332–333 |date=1992 |publisher=U.S. Government Printing Office |location=Washington, D.C. |isbn=978-0160399787}}
Career
Addington was an assistant general counsel for the Central Intelligence Agency from 1981 to 1984.{{cite web |url=https://www.salon.com/2007/11/01/mukasey_10/ |work=Salon.com |title=The Sad Decline of Michael Mukasey |author-link=Sidney Blumenthal |first=Sidney |last=Blumenthal |year=2007 |access-date=November 1, 2007 |url-status=live |archive-url=https://web.archive.org/web/20090206221948/http://www.salon.com/opinion/blumenthal/2007/11/01/mukasey/print.html |archive-date=February 6, 2009 }}
From 1984 to 1987 he was counsel for the House committees on intelligence and foreign affairs. He served as a staff attorney on for congressional committees investigating the Iran–Contra affair as an assistant to Congressman Bill Broomfield (R-MI). Books and news articles have said that he was one of the principal authors of a controversial minority report issued at the conclusion of the joint committee's investigation,{{Cite news | url=https://www.nytimes.com/2007/07/09/opinion/09wilentz.html | title=Opinion | Mr. Cheney's Minority Report| newspaper=The New York Times| date=July 9, 2007| last1=Wilentz| first1=Sean}}{{cite news |last=Khanna |first=Satyam |date=October 9, 2007 |url=https://thinkprogress.org/charlie-savage-cheney-plotted-bushs-imperial-presidency-thirty-years-ago-aa752e62a65d/ |title=Charlie Savage: Cheney Plotted Bush's Imperial Presidency 'Thirty Years Ago' |work=ThinkProgress |access-date=October 27, 2019 }} which "defended President Reagan by claiming it was 'unconstitutional for Congress to pass laws intruding' on the 'commander in chief.'"{{cite news |author-link=Glenn Greenwald |last=Greenwald |first=Glenn |date=March 31, 2011 |url=https://www.salon.com/2011/03/31/executive_power_2/ |title=Obama's new view of his own war powers |work=Salon.com |access-date=October 27, 2019 }} but in his opening remarks as he testified under subpoena before the House Judiciary Committee, Addington said that he had left the committee's service before the minority report was written and had no role in it.{{cite web |url=http://judiciary.house.gov/hearings/printers/110th/43152.PDF |work=U.S. House of Representatives, Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties |title=Hearing on "From the Department of Justice to Guantanamo Bay: Administration Lawyers and Administration Interrogation Rules (Part III) |archive-url=https://web.archive.org/web/20090502060840/http://judiciary.house.gov/hearings/printers/110th/43152.PDF |archive-date=May 2, 2009 |quote=Serial No. 110-189, 110th Cong., 2d Sess., |date=June 26, 2008 }}{{rp|7}}
Addington was also a special assistant for legislative affairs to President Ronald Reagan for one year in 1987, before becoming Reagan's deputy assistant. From 1989 to 1992, Addington served as special assistant to Cheney, who was then the secretary of defense, before being appointed by President George H. W. Bush and confirmed by the Senate as the Department of Defense's general counsel in 1992.{{cite news |archive-url=https://web.archive.org/web/20090425034500/http://www.boston.com/news/nation/washington/articles/2006/11/26/hail_to_the_chief/?page=5 |archive-date=April 25, 2009 |url=http://www.boston.com/news/nation/washington/articles/2006/11/26/hail_to_the_chief/?page=5|title=Hail to the chief: Dick Cheney's mission to expand – or 'restore' – the powers of the presidency |author-link=Charlie Savage (author) |first=Charlie |last=Savage |publisher=The Boston Globe|date=November 26, 2006|access-date=February 26, 2008 }} In 1993 and 1994, Addington was the Republican staff director of the Senate Intelligence Committee. In 1994 and 1995, he headed a political action committee, the Alliance for American Leadership, set up to support Republican candidates for public office, with a principal focus on being a presidential exploratory committee for Cheney, as the former Defense Secretary contemplated running for the 1996 Republican presidential nomination.{{cite news |last=Hagan |first=Joe |date=March 7, 2010 |title=The Cheney Government in Exile |publisher=New York Magazine |url=https://nymag.com/news/politics/64601/ |access-date=October 31, 2019 }}
From 1995 to 2001, he worked in private practice, for law firms Baker Donelson and Holland & Knight, and the American Trucking Associations.{{cite news |author = Murray Waas |author2 = Paul Singer |url = http://nationaljournal.com/about/njweekly/stories/2005/1030nj1.htm |title = Addington's Role In Cheney's Office Draws Fresh Attention |work = National Journal |date = October 30, 2005 |url-status = dead |archive-url = https://web.archive.org/web/20080704122259/http://nationaljournal.com/about/njweekly/stories/2005/1030nj1.htm |archive-date = July 4, 2008 |author-link = Murray Waas }} He also provided extensive assistance to Dick Cheney when the latter was chief executive officer of Halliburton and was in charge of vetting potential presidential running mates for the George W. Bush 2000 presidential campaign, before he was officially his party's nominee for the White House and surprised many political observers by choosing Cheney himself to be his running mate.{{cite magazine |title=Six Questions for Bart Gellman, Author of Angler |last=Horton |first=Scott |magazine=Harper's Magazine |date=September 18, 2008 |access-date=September 13, 2010 |url=https://harpers.org/blog/2008/09/six-questions-for-bart-gellman-author-of-_angler_/ }}
=Bush administration=
File:Vice President Cheney with Laura Bush, Lynne Cheney and Senior Staff in the President's Emergency Operations Center (PEOC) (19296041093).jpg on September 11, 2001, following the September 11 attacks]]
File:President Hamid Karzai and Afghan Officials Greet David Addington in the Presidential Palace in Kabul, Afghanistan (17984339693).jpg greeting Addington in the Presidential Palace in Kabul in February 2007]]
As counsel to the vice president, Addington's duties involved protecting the legal interests of the Office of the Vice President. Although limited duties have been given under the Constitution, each vice president has a role in association with the president.
As chief of staff, Addington supervised the vice president's staff. In both roles, Addington also provided advice to the White House staff, as he had the additional role of Assistant to the President, as his predecessor Scooter Libby had likewise held. As vice presidential counsel, Addington is known for his focus on the constitutional independence of the vice president.{{Citation needed|date=February 2011}} He tried to protect the inner workings of the Office of the Vice President from investigations by the Government Accountability Office (GAO) and private organizations.Walker v. Cheney, 230 F. Supp. 2d 51 (D.D.C. 2002) (GAO); Cheney v. U.S. District Court, 542 U.S. 367 (2004) and In re Cheney, 406 F.3d 723 (D.C. Cir. 2005) (Judicial Watch); In re Richard B. Cheney, Vice President, No. 08-5412 (D.C. Cir. 2008) (Citizens for Responsibility and Ethics in Washington).
After he began working for Cheney, Addington was influential in numerous policy areas. He provided advice and drafted memoranda on many of the most controversial policies of the Bush administration. Addington's influence strongly reflects his hawkish views on US foreign policy, a position he had apparently already committed to as a teenager during the late phase of the Vietnam War in the early 1970s.{{cite magazine |first=Jane |last=Mayer |author-link=Jane Mayer |url=https://www.newyorker.com/magazine/2006/07/03/the-hidden-power |title=The Hidden Power |magazine=The New Yorker |date=July 3, 2006 |access-date=October 27, 2019 }} In his House Judiciary Committee testimony, Addington said that he applied three filters in formulating advice on the War on Terror: (i) comply with the Constitution, (ii) within the law, maximize the President's options, and (iii) ensure legal protection of military and intelligence personnel engaged in counterterrorism activities.{{rp|47}}
Addington has consistently advocated that under the Constitution, the president has substantial and expansive powers as commander-in-chief during wartime, if need be.{{cite news|url=https://www.washingtonpost.com/wp-dyn/articles/A22665-2004Oct10.html |title=In Cheney's Shadow, Counsel Pushes the Conservative Cause|author=Dana Milbank|newspaper=The Washington Post|date=October 11, 2004}} He is the legal force behind over 750 signing statements that President George W. Bush issued when signing bills passed by Congress, expanding the practice relative to other Presidents.{{cite web |url=https://fas.org/irp/congress/2006_hr/062706boardman.html |title=Statement of Deputy Assistant Attorney General Michelle Boardman before the Senate Judiciary Committee on Presidential Signing Statements |work=United States Senate Committee on the Judiciary |date=June 27, 2006 |via=fas.org |access-date=October 30, 2019 }}{{cite web |url=https://obamawhitehouse.archives.gov/the-press-office/memorandum-presidential-signing-statements |work=whitehouse.gov |title=Presidential Memorandum to Heads of Executive Departments and Agencies on Presidential Signing Statements |via=National Archives |date=March 9, 2009 }} Charlie Savage, the former national legal affairs writer for The Boston Globe who won a Pulitzer Prize for his reporting on signing statements, quotes former associate White House counsel Brad Berenson saying that Addington "would dive into a 200-page bill like it was a four-course meal" as he crafted the statements.{{cite news|url=https://www.nytimes.com/2007/11/18/books/review/Bazelon-t.html |title=All the President's Powers|author=Emily Brazelon|work=The New York Times|date=November 18, 2007|access-date=November 18, 2007}}{{cite web|url=http://hnn.us/articles/44951.html |title=The Return of the Imperial Presidency: An Interview with Charlie Savage |first=Robin |last=Lindley |publisher=History News Network|date=January 7, 2008|access-date=February 13, 2008}}
A declassified CIA congressional briefing memo of February 4, 2003 states "The (CIA) General Counsel described the process by which the (enhanced interrogation) techniques were approved by a bevy of lawyers from the NSC, the Vice President’s office and the Justice Department," which makes it likely that Addington was aware of the coercive methods if not one or more of the "torture memos" as well, although it is not clear exactly what the CIA memo meant by the word 'approved' as none of the lawyers mentioned was in the chain of command that approves CIA operations and the White House-level lawyers relied on Justice Department legal opinions rather than developing and issuing legal opinions of their own.{{cite web |url=http://www.unbossed.com/index.php?itemid=2809 |archive-url=https://web.archive.org/web/20100503181814/http://www.unbossed.com/index.php?itemid=2809 |archive-date=May 3, 2010 |title=David Addington did approve of cruel CIA interrogation techniques |publisher=Unbossed.com |access-date=February 25, 2010}}{{better source needed |date=November 2010 }} Press reports have alleged that Addington helped to shape an August 2002 opinion from the Department of Justice's Office of Legal Counsel (OLC) that said torture might be justified in some cases,{{cite news |author=Douglas Jehl |author2=Tim Golden |url=https://www.nytimes.com/2005/11/02/politics/02aide.html |title=In Cheney's New Chief, a Bureaucratic Master |work=The New York Times |date=November 2, 2005}} although John Yoo, author of many of the "Torture Memos", dismissed the notion of Addington's authorship of Department of Justice memos as "so erroneous as to be laughable."{{cite book |url=https://books.google.com/books?id=cSIuURhjZgsC&pg=PA33 |page=33 |title=War by Other Means: An Insider's Account of the War on Terror |isbn=9781555847630 |last1=Yoo |first1=John |date=December 2007 |publisher=Open Road + Grove/Atlantic }}
US Army Colonel Lawrence Wilkerson, who served as Colin Powell's chief of staff when he was Chairman of the Joint Chiefs of Staff—at the same time Addington was Cheney's personal counsel as Secretary of Defense—and then later when Powell was Secretary of State, stated in an in-depth interview regarding extraordinary measures taken post 9/11: "The man who, to me, brings all of this together more than Cheney himself, because he has one foot in the legal camp—and I must admit it's a fairly brilliant foot—and he has one foot in the operator camp, that's David Addington."{{cite web |author=Andy Worthington |url=https://www.fff.org/explore-freedom/article/interview-col-lawrence-wilkerson-part-2/ |title=An Interview with Col. Lawrence Wilkerson, Part 2 |publisher=The Future of Freedom Foundation |date=August 24, 2009 |access-date=March 7, 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110726052347/http://www.fff.org/comment/com0909b.asp |archive-date=July 26, 2011 }}
Press reports also state that Addington reportedly took a leading role in pressing for the use of torture (so-called "enhanced interrogation techniques") for interrogations when a delegation of top Bush administration attorneys traveled to the Guantanamo Bay detention camp in September 2002 to observe operations there,{{cite web |author=Phillipe Sands |url=https://www.vanityfair.com/news/2008/05/guantanamo200805 |title=The Green Light |work=Vanity Fair |date=May 2008 |access-date=June 16, 2008}} although Addington said that he could not recall this in his sworn House Judiciary Committee testimony.{{rp|56–57}} In congressional testimony, Addington has emphasized that "people out in the field, particularly the folks at the CIA, would not have engaged in their conduct and the head of the CIA would not have ordered them to engage in that conduct without knowing that the Attorney General of the United States or his authorized designee, which is what OLC is, has said this is lawful and they relied on that."{{rp|79}} The Senate Select Committee on Intelligence released a narrative concerning the Office of Legal Counsel opinions on interrogations on April 17, 2009.{{cite web |url=http://intelligence.senate.gov/pdfs/olcopinion.pdf |title=Letter from Attorney General Eric Holder, Jr. to Senator John. D. Rockefeller IV |archive-url=https://web.archive.org/web/20090429200741/http://intelligence.senate.gov/pdfs/olcopinion.pdf |archive-date=April 29, 2009 |quote=Release of Declassified Narrative Describing the Department of Justice Office of Legal Counsel's Opinion on the CIA's Detention and Interrogation Program |date=April 17, 2009 }} The 6,700-page Senate Intelligence Committee report on CIA torture, released in 2016, found the use of torture was both ineffective for gathering intelligence and had damaged America's standing in the world.
Some press reports indicate that Addington advocated scaling back the authority of lawyers in the uniformed services; Addington in fact advocated merely{{Weasel inline|date=March 2011}} that the civilian general counsels of the military departments be recognized as the chief legal officers of those departments.{{cite report |title=Nominations Before the Senate Armed Services Committee, Second Session, 102d Congress, Committee on Armed Services (Hearing on nomination of David S. Addington to be General Counsel of the Department of Defense) |date=July 1, 1992 |pages=322–29 }}
Shortly after September 26, 2002, a Gulfstream jet carrying Addington, Alberto Gonzales, CIA attorney John A. Rizzo, William Haynes II, two Justice Department lawyers, Alice S. Fisher and Patrick F. Philbin, and the Office of Legal Counsel's Jack Goldsmith flew to Camp Delta to view the facility that held enemy combatants, including Mohammed al-Qahtani, then to Charleston, South Carolina, to view the facility that held enemy combatants, including José Padilla, and finally to Norfolk, Virginia, where they briefly viewed an enemy combatant on a videoscreen display.{{cite book |author-link=Jane Mayer |last=Mayer |first=Jane|title=The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals |publisher=Knopf Doubleday Publishing Group |url=https://archive.org/details/darksideinsidest00maye |url-access=registration |year=2008 |page=[https://archive.org/details/darksideinsidest00maye/page/198 198]|isbn=9780307456502 }}{{cite book |url=https://books.google.com/books?id=hN41_-hD7OEC&pg=PA100 |title=The Terror Presidency: Law and Judgment Inside the Bush Administration |isbn=9780393335330 |authorlink=Jack Goldsmith |last=Goldsmith |first=Jack |date=April 13, 2009|publisher=W. W. Norton & Company }}{{rp|100–01}}
In November 2006, the German government received a complaint seeking the prosecution of Addington and 15 other current and former US government officials for alleged war crimes.{{cite web|url=https://ccrjustice.org/home/what-we-do/our-cases/accountability-us-torture-germany |title=German War Crimes Complaint Against Donald Rumsfeld, et al. |publisher=Center for Constitutional Rights|access-date=October 3, 2008}} The German Prosecutor General at the Federal Supreme Court declined to initiate proceedings on the complaint.{{cite web |url=https://ccrjustice.org/sites/default/files/assets/files/ProsecutorsDecision.pdf |work=Prosecutor General at the Federal Supreme Court |title=Re: Criminal Complaint against Donald Rumsfeld et al., 3 ARP 156/06-2 |date=April 5, 2007 |access-date=October 31, 2019 |archive-date=April 23, 2017 |archive-url=https://web.archive.org/web/20170423093230/https://ccrjustice.org/sites/default/files/assets/files/ProsecutorsDecision.pdf |url-status=dead }}
According to Harvard Law School professor Jack Goldsmith, who headed of the Office of Legal Counsel from 2003 to 2004, Addington once said that "we're one bomb away from getting rid of that obnoxious court," referring to the secret United States Foreign Intelligence Surveillance Court, which oversees clandestine wiretapping.{{cite news|title=Conscience of a Conservative|author=Jeffrey Rosen|work=The New York Times|url=https://www.nytimes.com/2007/09/09/magazine/09rosen.html|date=September 7, 2007}} Goldsmith also noted that Addington was speaking sarcastically at the time.{{rp|181}} Washington Post reporter Barton Gellman writes that Addington was the author of the controlling legal and technical documents for the Bush administration's warrantless surveillance program, typing the documents on a Tempest-shielded computer across from his desk in room 268 of the Eisenhower Executive Office Building and storing them in a vault in his office.{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2008/09/13/AR2008091302284_pf.html|title=Conflict Over Spying Led White House to Brink|author=Barton Gelman|newspaper=The Washington Post|date=September 14, 2008}}{{cite web |url=https://www.pbs.org/newshour/bb/nation/jan-june13/snowden2_06-28.html |title=To What Extent Did the Government Monitor Phone, Internet Activity After 9/11? |publisher=PBS |work=Newshour |date=June 28, 2013 |access-date=June 29, 2013 |archive-date=June 30, 2013 |archive-url=https://web.archive.org/web/20130630033027/http://www.pbs.org/newshour/bb/nation/jan-june13/snowden2_06-28.html |url-status=dead }}{{cite web |url=https://www.theguardian.com/world/interactive/2013/jun/27/nsa-inspector-general-report-document-data-collection |title=NSA inspector general report on email and internet data collection under Stellar Wind – full document |work=The Guardian |date=June 27, 2013 |access-date=June 28, 2013}}
Former Secretary of State Colin Powell is alleged to have remarked in private, regarding who was responsible for the NSA wiretapping of U.S. citizens without a warrant: "It's Addington," and further, that "he doesn't care about the Constitution." when speaking with friends at a Washington Redskins game. Jack Goldsmith has written that if Powell indeed made this remark, "he was wrong," as Addington and Cheney "seemed to care passionately about the Constitution as they understood it."{{rp|88}} Michael Kirk, director of the PBS Frontline documentary United States of Secrets, also claims that Addington was responsible for authorizing the NSA's mass surveillance program in his capacity as Vice President Dick Cheney's attorney.{{cite news| url=https://www.businessinsider.com/nsa-surveillance-authorization-came-from-cheneys-attorney-2014-5| author=Corey Adwar| title=Here's The Most Surprising Revelation From An Eye-Opening Documentary On NSA Spying| publisher=Business Insider| date=May 15, 2014}}
It is alleged, at least during Cheney's term as secretary of defense from 1989 to 1993, that Addington and Cheney were deeply and eagerly interested in the Continuity of Operations Plan (CO-OP), to be used in the event of a nuclear attack on the U.S. (and first partially implemented after 9/11/01). This plan is alleged to provide "enduring Constitutional government" under a "paramount unitary executive" with "cooperation from" Congress and the several Courts. This deep and eager interest in the CO-OP was reported by the New Yorker to extend to drills where Cheney spent his nights in a bunker, perhaps that "secure undisclosed location" which he was said to occupy following 9/11. Apparently Addington has taken this interest to the point where "For years, Addington has carried a copy of the US Constitution in his pocket; taped onto the back are photocopies of extra statutes that detail the legal procedures for presidential succession in times of national emergency{{nbsp}}..." perhaps, even a national emergency that involves the CO-OP.
Although press reports state that Addington consistently advocated the expansion of presidential powers and the unitary executive theory, a nearly absolute deference to the executive branch from Congress and the judiciary, Addington stated in his sworn House Judiciary Committee testimony that he intends the term "unitary executive" to refer to the provision of the Constitution that vests all "executive Power" in "a President" rather than in multiple officials or Congress.{{rp|44–45}} In a June 26, 2007 letter to Senator John Kerry, Addington asserted that by virtue of Executive Order 12958 as amended in 2003, the Office of the Vice President was exempt from oversight by the National Archives' Information Security Oversight Office for its handling of classified materials,{{cite web |url=https://fas.org/blog/secrecy/2007/06/addington_and_the_question_of_.html |title=Addington and the Question of Intent |work=Secrecy News |publisher=Federation of American Scientists |date=June 28, 2007 }} which President George W. Bush confirmed to be the correct interpretation of his revised order.{{cite web |url=https://fas.org/sgp/isoo/olc072007.pdf |title=Letter from Fred F. Fielding, Counsel to the President, to Senator Sam Brownback |date=July 12, 2007 }} He had previously pushed for elimination of a presidentially-mandated position (as opposed to at the option of the Archivist) of director of the oversight office after a dispute over oversight of classified information.{{cite web|url=https://www.newsweek.com/archivist-challenges-cheney-95115 |title=Challenging Cheney|author-link=Michael Isikoff |first=Michael |last=Isikoff |work=Newsweek |date=December 24, 2007 |access-date=February 25, 2008 }} The story was broken after the Chicago Tribune noticed an asterisk in an ISOO report "that it contained no information from OVP." Although a federal district judge initially ordered Addington to submit to a deposition in a lawsuit filed to protect Cheney's vice-presidential records from potential destruction under the provisions of the Presidential Records Act of 1978,{{cite web|url=http://www.citizensforethics.org/files/093008%20-%20Writ%20of%20Mandamus.pdf|archive-url=https://web.archive.org/web/20081006154157/http://www.citizensforethics.org/files/093008%20-%20Writ%20of%20Mandamus.pdf|url-status=dead|archive-date=October 6, 2008|title=Emergency Petition for a Writ of Mandamus|publisher=United States District Court for the District of Columbia|date=September 30, 2008}}{{cite web|url=http://www.citizensforethics.org/files/Document%2025%20(10-1-08)%20Opposition%20to%20Stay%20of%20Mandamus.pdf|archive-url=https://web.archive.org/web/20081006154212/http://www.citizensforethics.org/files/Document%2025%20(10-1-08)%20Opposition%20to%20Stay%20of%20Mandamus.pdf|url-status=dead|archive-date=October 6, 2008|title=Plaintiff's Opposition to Emergency Petition for a Writ of Mandamus|publisher=United States District Court for the District of Columbia|date=October 1, 2008}} the United States Court of Appeals for the District of Columbia Circuit overruled the federal district judge and held that Addington did not have to submit to the deposition.{{cite web |url=https://caselaw.findlaw.com/us-dc-circuit/1237465.html |title=In re Richard B. Cheney, Vice President, No. 08-5412 |work=D.C. Cir. |date=2008 }}
Addington, along with other officials, was mentioned by title in I. Lewis "Scooter" Libby Jr.'s indictment{{cite web |url=http://www.usdoj.gov/usao/iln/osc/documents/libby_indictment_28102005.pdf |title=Indictment |archive-url=https://web.archive.org/web/20080528062030/http://www.usdoj.gov/usao/iln/osc/documents/libby_indictment_28102005.pdf |archive-date=May 28, 2008 |work=United States of America vs. I. Lewis Libby, also known as "Scooter Libby |publisher=United States Department of Justice |date=October 28, 2005 |access-date=February 13, 2011 }} for five felony charges related to the Plame affair, regarding the leak of the identity of a CIA officer,{{cite news |author=Daniel Klaidman |author2=Stuart Taylor, Jr. |author3=Evan Thomas |url=http://www.msnbc.msn.com/id/11079547/site/newsweek/ |title=Palace Revolt |work=Newsweek |date=February 6, 2006 |url-status=dead |archive-url=https://web.archive.org/web/20060208033542/http://www.msnbc.msn.com/id/11079547/site/newsweek/ |archive-date=February 8, 2006 }} and he testified at the Libby trial.Waas, M., ed., The United States v. I. Lewis Libby, New York: Union Square Press (2007), pp. 174–95. A PBS Frontline documentary "Cheney's Law" broadcast on October 16, 2007, detailed Addington's key role in Bush administration policy making, and noted that he declined to be interviewed regarding his thoughts on the limits of executive privilege.{{cite news |url=https://www.pbs.org/wgbh/pages/frontline/cheney/ |title=Cheney's Law |publisher=Public Broadcasting System |date=October 16, 2007|access-date=November 7, 2007}} On June 26, 2008, Addington appeared to testify under subpoena from the House Judiciary Committee along with former Justice Department attorney John Yoo in a contentious hearing on detainee treatment, interrogation methods and the extent of executive branch authority.{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2008/06/26/AR2008062601966_pf.html|title=Bush Policy Authors Defend Their Actions|author=Dan Eggen|newspaper=The Washington Post|date=June 27, 2008}}{{cite news |url=https://www.nytimes.com/2008/06/27/washington/27hearing.html |title=Two Testify on Memo Spelling Out Interrogation |author-link=Scott Shane |first=Scott |last=Shane |work=The New York Times |date=June 27, 2008}}{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2008/06/26/AR2008062603456_pf.html|title=When Anonymity Fails, Be Nasty, Brutish and Short|author=Dana Milbank|newspaper=The Washington Post |date=June 27, 2008}}{{Cite web |url=https://www.democracynow.org/2008/6/27/addington_yoo_offer_little_in_house |title=Addington, Yoo Offer Little in House Torture Hearing |website=Democracy Now!}} This testimony was Addington's only public statement during his eight years as Cheney's vice presidential counsel and chief of staff.{{Cite web |url=https://www.govinfo.gov/content/pkg/CHRG-110hhrg43152/html/CHRG-110hhrg43152.htm|title=From The Department of Justice to Guantanamo Bay: Administration Lawyers and Administration Interrogation Rules (Part III)|website=www.govinfo.gov}}
Human Rights Watch and The New York Times editorial board have called for the investigation and prosecution of Addington "for conspiracy to torture as well as other crimes."{{cite web |url=https://www.hrw.org/node/283564 |title=No More Excuses: A Roadmap to Justice for CIA Torture |author= |date= December 2015|website=hrw.org |publisher=Human Rights Watch |access-date=December 2, 2015 }}{{cite news |author= |title=Prosecute Torturers and Their Bosses |url=https://www.nytimes.com/2014/12/22/opinion/prosecute-torturers-and-their-bosses.html |newspaper=The New York Times |date=December 21, 2014 |access-date=April 17, 2015 }}
==Spanish charges considered==
{{Further|Bush Six}}
In March 2009 Baltasar Garzón, a Spanish judge who has considered international war crimes charges against other high-profile figures, considered whether to allow charges made by Gonzalo Boye to be laid against Addington and five other former officials of the George W. Bush presidency.{{cite news |url=https://in.reuters.com/article/spain-usa-torture/spain-may-decide-guantanamo-probe-this-week-idINLT53678920090329 |first=Tracy |last=Rucinski |title=Spain may decide Guantanamo probe this week |publisher=Reuters |date=March 28, 2009 |access-date=March 29, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20090426200038/http://in.reuters.com/article/domesticNews/idINLT53678920090329?sp=true|archive-date=April 26, 2009}}
Judge Garzon did not dismiss the complaint, but instead ordered the complaint assigned by lottery to another judge, who will then decide whether to pursue the complaint or not.{{cite news |url=https://www.reuters.com/article/idUSLH62645 |first=Jason |last=Webb |work=Reuters |title=Spanish Judge Keeps Guantanamo Probe Alive |date=April 7, 2009 |access-date=October 31, 2019 }}{{update inline|date=June 2018}} Spanish Attorney General Cándido Conde-Pumpido "strongly criticized" the proceedings, labeling them a legal "artifice."{{cite news |url=https://www.nytimes.com/2009/04/17/world/europe/17spain.html |title=Spain's Attorney General Opposes Prosecutions of 6 Bush Officials on Allowing Torture |first=Marlise |last=Simons |date=April 16, 2009 |access-date=October 27, 2019 |work=The New York Times }} Conde-Pumpido recommended against prosecution due to lack of material responsibility on the part of the American officials.{{cite news |url=https://www.reuters.com/article/worldNews/idUSTRE53F1L620090416 |title=Spain Attorney General Against Guantanamo Probe |date=April 16, 2009 |work=Reuters }}
= Later career =
On April 13, 2013, Addington was on a list released by the Russian Federation of Americans banned from entering the country over their alleged human rights violations. The list was a direct response to the so-called Magnitsky list revealed by the United States the day before.{{Cite web|title=Russia bans 18 Americans after similar US move|url=https://apnews.com/article/5595e7134d5e4594808ddcd48e0c5302|access-date=2021-05-28|website=AP NEWS|date=April 13, 2013 }}
Addington worked as group vice president for research at The Heritage Foundation and as senior vice president, general counsel, and chief legal officer at the National Federation of Independent Business.{{cite web|date=June 27, 2016|title=David S. Addington|url=https://www.nfib.com/content/press-release/legal/david-s-addington-74537/|access-date=October 25, 2019|publisher=NFIB}}
Personal life
Addington is married to Cynthia Mary Addington; the couple have three children. Previously, Addington had been married to Linda Werling, whom he met while the two were both attending Duke University.
In popular culture
In the 2018 film Vice, Addington is portrayed by Don McManus. He was also featured in the 2013 documentary, The World According to Dick Cheney, and Turning Point: 9/11 and the War on Terror, a 2021 Netflix documentary series.{{Cite web|title=David Addington|url=http://www.imdb.com/name/nm3062305/|access-date=2021-09-06|website=IMDb}}
References
{{Reflist}}
External links
{{commons category}}
- [https://web.archive.org/web/20070714171842/http://blog.washingtonpost.com/cheney/chapters/pushing_the_envelope_on_presi/index.html "Pushing the Limit on Presidential Powers," by Barton Gellman and Jo Becker], The Washington Post, Monday, June 25, 2007
- {{cite magazine |url=https://www.newyorker.com/magazine/2006/07/03/cheneys-cheney |first=Blaine |last=Eskin |magazine=The New Yorker |title=Cheney's Cheney: Q&A with Jane Mayer about her David Addington article |date=July 3, 2006 |access-date=October 31, 2019 }}
- {{cite web |url=https://www.npr.org/templates/story/story.php?storyId=5535251 |title=David Addington and 'Hidden Power' |work=Fresh Air |first=Terry |last=Gross |date=July 5, 2006 |access-date=October 31, 2019 }}
- [https://web.archive.org/web/20060329074002/http://www.newsmeat.com/washington_political_donations/David_Addington.php David Addington's campaign contributions]
- {{C-SPAN|1029036}}
- [https://web.archive.org/web/20051103194413/http://www.democracynow.org/article.pl?sid=05%2F11%2F01%2F1518210 'Democracy Now!' coverage of Addington's appointment as chief of staff for Vice-President Dick Cheney and his role in the expansion of presidential power]
- [https://web.archive.org/web/20070930211012/http://men.style.com/gq/features/full?id=content_5843&pageNum=2 "50 Most Powerful People in D.C."], GQ Magazine, August 2007
- {{cite web |url=http://whitehouse.georgewbush.org/administration/love_letter.asp |date=December 12, 2002 |title=Letter from Addington as OVP general counsel to operator of parody website |access-date=July 23, 2012 |archive-date=June 1, 2012 |archive-url=https://web.archive.org/web/20120601081527/http://whitehouse.georgewbush.org/administration/love_letter.asp |url-status=usurped }}
- {{cite journal |url=https://www.nybooks.com/articles/2007/12/06/the-man-behind-the-torture/ |title=The Man Behind the Torture |journal=New York Review of Books |volume=54 |number=19 |date=December 6, 2007 |access-date=October 31, 2019 |first=David |last=Cole }}
- {{cite web |url=https://www.nytimes.com/2008/07/22/opinion/22herbert.html |first=Bob |last=Herbert |title=Madness and Shame |work=The New York Times |date=July 22, 2008 |access-date=October 31, 2019 }}
- {{unfit|1=[https://web.archive.org/web/20160512232622/http://www.heritage.org/research/all-research?author_id=%7b1915A783-7984-4396-B581-D5AFE2EBD1E6%7d Reports and commentaries by David Addington]}}, The Heritage Foundation
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{{s-legal}}
{{s-bef|before=Paul Beach (Acting)}}
{{s-ttl|title=General Counsel of the Department of Defense|years=1992–1993}}
{{s-aft|after=John McNeil (Acting)}}
|-
{{s-bef|before=Lisa Brown}}
{{s-ttl|title=Legal Counsel to the Vice President of the United States|years=2001–2005}}
{{s-aft|after=Shannen W. Coffin}}
|-
{{s-off}}
{{s-bef|before=Scooter Libby}}
{{s-ttl|title=Chief of Staff to the Vice President of the United States|years=2005–2009}}
{{s-aft|after=Ron Klain}}
{{s-end}}
{{Authority control}}
{{DEFAULTSORT:Addington, David}}
Category:Chiefs of staff to the vice president of the United States
Category:Duke University School of Law alumni
Category:George H. W. Bush administration personnel
Category:George W. Bush administration personnel
Category:Holland & Knight people
Category:Lawyers from Washington, D.C.
Category:People of the Central Intelligence Agency
Category:Politicians from Albuquerque, New Mexico
Category:Reagan administration personnel
Category:The Heritage Foundation people
Category:Torture in the United States
Category:United States Naval Academy alumni
Category:United States presidential advisors
Category:University of Albuquerque alumni